Overpasses For America describes itself as a “non-partisan grass roots movement made up of everyday Americans who understand the value of the U.S. Constitution.” Their website decries “the rampant corruption that has infested our government,” and demands “the corrupt Barack Hussein Obama [be] held accountable for his many unconstitutional actions.” (Its Twitter page is a little more succinct.) They sell T-shirts. And they like to march.

Which brings us to March 1, when members of the Collin County Overpasses For America chapter took to the Northaven Road overpass at the Dallas North Tollway in defiance of the city’s new ordinance while carrying banners decorated with the “Jokerized” Obama banner (that dates back to Myspace, apparently), a “Don’t Tread on Me” Gadsen flag … and at least one rifle, because, in the words of one protester, “You need the Second Amendment to defend all the rest of ‘em.” The protest drew the attention of a state trooper, some Dallas police officers and a friendly Department of Homeland Security rep who told the group’s cameraman he was there to “be a liaison to make sure you guys are safe.”

The March 1 protest, high above the Dallas North Tollway at Northaven Road

In all, looks like a fairly peaceful gathering during a cool spring Saturday in Northwest Dallas. “The free speech assembly was a success and posed no public safety or traffic safety issues,” says the suit. So the Overpass-ers thought holding another protest two weeks later would be no big deal. Not so much. According to the suit, they called the Dallas Police Department and Homeland Security to let them know they wanted to hold another march, at which point they “were informed that they would not be allowed to hold their free speech assembly because the Dallas Police Department was now obligated to enforce the City of Dallas’ free speech ban.”

The suit spends several pages reiterating what Kingston said in January — that the ordinance is “against free speech,” as the council member put it.

“Defendant’s free speech ban is content-based, targeting the political speech and message of Plaintiffs,” says the suit. “Plaintiffs reasonably fear that if they were to hold another free speech assembly on an overpass in the City of Dallas, Plaintiffs would be arrested and/or criminally charged under Defendant’s free speech ban.. As a direct and proximate result of the Defendant’s free speech ban, Plaintiffs are chilled and deterred from exercising their constitutionally protected free speech rights.”

We’ve sent the suit to the City Attorney’s Office for comment. As always, you can read it below.

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